Federal law bans domestic abusers from owning guns, but includes a loophole that specifically allows police officers with domestic violence orders to stay armed.
March 31, 2026
Original Paper
Disarming Domestic Abusers With Badges
SSRN · 6465923
The Takeaway
The 'official use exemption' allows law enforcement officers subject to protective orders to retain access to weapons that any other citizen would have to surrender. This applies even though empirical data shows police officers perpetrate intimate partner violence at disproportionately higher rates.
From the abstract
<span><span>Federal law disarms domestic abusers – except those with badges. This Article highlights a dangerous and largely unexamined flaw in federal firearms law governing intimate partner violence, the “official use exemption,” which allows law enforcement officers subject to protective orders to retain access to guns.</span></span> <p><span>In 2024, the Supreme Court reaffirmed the constitutionality of 18 U.S.C. § 922(g)(8), which prohibits individuals subject to domestic violence protectiv